Florida Senate - 2017                                    SB 1012
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00733B-17                                          20171012__
    1                        A bill to be entitled                      
    2         An act relating to investigative and forensic
    3         services; amending s. 440.50, F.S.; deleting the
    4         Justice Administrative Commission from a list of
    5         entities whose unencumbered or undisbursed funds
    6         appropriated from the Workers’ Compensation
    7         Administration Trust Fund must be reverted to the
    8         trust fund at specified intervals; reordering and
    9         amending s. 626.9891, F.S.; requiring insurers to
   10         designate primary anti-fraud employees; requiring
   11         certain insurers to adopt an anti-fraud plan and
   12         investigate possible fraudulent insurance acts;
   13         revising requirements for information to be filed by
   14         insurers with the Division of Investigative and
   15         Forensic Services of the Department of Financial
   16         Services; revising requirements for insurer anti-fraud
   17         plans; requiring insurers to submit specified anti
   18         fraud statistics at certain intervals; revising
   19         requirements for reports to the department by insurers
   20         writing workers’ compensation insurance; providing
   21         requirements for anti-fraud training for insurer anti
   22         fraud investigative units or contractors; providing a
   23         penalty for violations; creating s. 626.9896, F.S.;
   24         providing legislative intent; creating the Insurance
   25         Fraud Dedicated Prosecutor Program; requiring the
   26         division to accept and administer appropriated moneys
   27         for a certain purpose; requiring a state attorney’s
   28         office that desires a grant under the program to apply
   29         to the department; providing criteria for the
   30         department’s awarding of grants; providing grant
   31         limits; requiring the department to track, monitor,
   32         and report on the use of funds by state attorney
   33         offices; requiring state attorney offices to submit
   34         certain information to the department; authorizing the
   35         department to adopt rules; amending s. 641.3915, F.S.;
   36         conforming a provision to changes made by the act;
   37         providing an effective date.
   38          
   39  Be It Enacted by the Legislature of the State of Florida:
   40  
   41         Section 1. Subsection (5) of section 440.50, Florida
   42  Statutes, is amended to read:
   43         440.50 Workers’ Compensation Administration Trust Fund.—
   44         (5) Funds appropriated by an operating appropriation or a
   45  nonoperating transfer from the Workers’ Compensation
   46  Administration Trust Fund to the Agency for Health Care
   47  Administration, the Department of Business and Professional
   48  Regulation, the Department of Management Services, and the First
   49  District Court of Appeal, and the Justice Administrative
   50  Commission remaining unencumbered as of June 30 or undisbursed
   51  as of September 30 each year shall revert to the Workers’
   52  Compensation Administration Trust Fund.
   53         Section 2. Section 626.9891, Florida Statutes, is reordered
   54  and amended to read:
   55         626.9891 Insurer anti-fraud investigative units; reporting
   56  requirements; penalties for noncompliance.—
   57         (2)(1) Every insurer admitted to do business in this state
   58  who estimates that it wrote in the previous calendar year, at
   59  any time during that year, had $10 million or more in direct
   60  premiums in the previous year written shall:
   61         (a) Adopt an anti-fraud plan and establish and maintain a
   62  unit or division within the company to investigate possible
   63  fraudulent insurance acts claims by insureds or by persons
   64  making claims for services or repairs against policies held by
   65  insureds; or
   66         (b) Contract with others to investigate possible fraudulent
   67  insurance acts claims for services or repairs against policies
   68  held by insureds.
   69  
   70  An insurer subject to this subsection shall electronically file
   71  with the Division of Investigative and Forensic Services of the
   72  department on or before September 1, 2017, and annually
   73  thereafter July 1, 1996, a detailed description of the unit or
   74  division established pursuant to paragraph (a) or a copy of the
   75  contract and related documents required by paragraph (b).
   76         (3)(2) Every insurer admitted to do business in this state,
   77  which in the previous calendar year had less than $10 million in
   78  direct premiums written, must adopt an anti-fraud plan and file
   79  it electronically with the Division of Investigative and
   80  Forensic Services of the department on or before September 1,
   81  2017, and annually thereafter July 1, 1996. An insurer may, in
   82  lieu of adopting and filing an anti-fraud plan, comply with
   83  paragraph (2)(b) the provisions of subsection (1).
   84         (4)(3) Each insurers anti-fraud plan must plans shall
   85  include:
   86         (a) An acknowledgement that the insurer has established
   87  procedures for detecting and investigating possible fraudulent
   88  insurance acts relating to the different types of insurance
   89  written by that insurer A description of the insurer’s
   90  procedures for detecting and investigating possible fraudulent
   91  insurance acts;
   92         (b) An acknowledgment that the insurer has established A
   93  description of the insurer’s procedures for the mandatory
   94  reporting of possible fraudulent insurance acts to the Division
   95  of Investigative and Forensic Services of the department;
   96         (c) An acknowledgement that the insurer provides A
   97  description of the insurer’s plan for anti-fraud education and
   98  training to of its claims adjusters or other personnel; and
   99         (d)A description of the anti-fraud education and training
  100  required under subsection (7) which is provided to the
  101  designated anti-fraud investigative unit or contractor and which
  102  is designed to assist in identifying and evaluating instances of
  103  suspected fraudulent insurance acts in underwriting or claims
  104  activities;
  105         (e)(d) A written description or chart outlining the
  106  organizational arrangement of the insurer’s anti-fraud personnel
  107  who are responsible for the investigation and reporting of
  108  possible fraudulent insurance acts;
  109         (f)The rationale for the level of staffing and resources
  110  being provided for the anti-fraud investigative unit, which may
  111  include objective criteria, such as the number of policies
  112  written, the number of claims received on an annual basis, the
  113  volume of suspected fraudulent claims detected on an annual
  114  basis, an assessment of the optimal caseload that one
  115  investigator can handle on an annual basis, and other factors;
  116  and
  117         (g)A description of the insurer’s public awareness efforts
  118  focused on the costs and frequency of insurance fraud and
  119  methods by which the public can prevent such fraud.
  120         (8)(4)An Any insurer who submits an application to obtain
  121  obtains a certificate of authority after September 1, 2017, must
  122  July 1, 1995, shall have 18 months in which to comply with the
  123  requirements of this section before receiving such certificate.
  124         (1)(a)(5) For purposes of this section, the term “unit or
  125  division” includes the assignment of fraud investigation to
  126  employees whose principal responsibilities are the investigation
  127  and disposition of claims. If an insurer creates a distinct unit
  128  or division, hires additional employees, or contracts with
  129  another entity to fulfill the requirements of this section, the
  130  additional cost incurred must be included as an administrative
  131  expense for ratemaking purposes.
  132         (b)Every insurer shall designate at least one primary
  133  anti-fraud employee responsible for meeting the requirements set
  134  forth in this section.
  135         (5)Every insurer shall also submit anti-fraud statistics
  136  annually by September 1 for the lines written by that insurer
  137  for the calendar year. The statistics must include, at a
  138  minimum:
  139         (a)The number of policies in effect;
  140         (b)The amount of premiums written for policies;
  141         (c)The number of claims received;
  142         (d)The number of claims referred to the anti-fraud
  143  investigative unit;
  144         (e)The number of other insurance fraud matters referred to
  145  the anti-fraud investigative unit that were nonclaim related;
  146         (f)The number of claims investigated or accepted by the
  147  anti-fraud investigative unit;
  148         (g)The number of other insurance fraud matters
  149  investigated or accepted by the anti-fraud investigative unit
  150  that were nonclaim related;
  151         (h)The number of cases referred to the Division of
  152  Investigative and Forensic Services of the department;
  153         (i)The number of cases referred to other law enforcement
  154  agencies;
  155         (j)The number of cases referred to other entities; and
  156         (k)The estimated dollar amount of damages in cases
  157  referred to the Division of Investigative and Forensic Services
  158  of the department, or other agencies.
  159         (6) In addition to providing the information required under
  160  subsections (2), (3), and (5), each insurer writing workers’
  161  compensation insurance shall also report the following
  162  information to the department, on or before September 1 August 1
  163  of each year, on its experience in implementing and maintaining
  164  an anti-fraud investigative unit or an anti-fraud plan. The
  165  report must include, at a minimum:
  166         (a)The estimated dollar amount of losses attributable to
  167  workers’ compensation fraud delineated by the type of fraud,
  168  including: claimant, employer, provider, agent, or other type.
  169         (b)The estimated dollar amount of recoveries attributable
  170  to workers’ compensation fraud delineated by the type of fraud,
  171  including: claimant, employer, provider, agent, or other type.
  172         (c)The number of cases referred to the Division of
  173  Insurance and Forensic Services of the department, delineated by
  174  the type of fraud, including: claimant, employer, provider,
  175  agent, or other type.
  176         (d) The dollar amount of recoveries and losses attributable
  177  to workers’ compensation fraud, delineated by the type of fraud:
  178  claimant, employer, provider, agent, or other type.
  179         (a)The dollar amount of recoveries and losses attributable
  180  to workers’ compensation fraud delineated by the type of fraud:
  181  claimant, employer, provider, agent, or other.
  182         (b)The number of referrals to the Bureau of Workers’
  183  Compensation Fraud for the prior year.
  184         (e)(c) A description of the organization of the anti-fraud
  185  investigative unit, if applicable, including the position titles
  186  and descriptions of staffing.
  187         (d)The rationale for the level of staffing and resources
  188  being provided for the anti-fraud investigative unit, which may
  189  include objective criteria such as number of policies written,
  190  number of claims received on an annual basis, volume of
  191  suspected fraudulent claims currently being detected, other
  192  factors, and an assessment of optimal caseload that can be
  193  handled by an investigator on an annual basis.
  194         (e)The inservice education and training provided to
  195  underwriting and claims personnel to assist in identifying and
  196  evaluating instances of suspected fraudulent activity in
  197  underwriting or claims activities.
  198         (f)A description of a public awareness program focused on
  199  the costs and frequency of insurance fraud and methods by which
  200  the public can prevent it.
  201         (7)Every insurer shall provide at least 2 hours of initial
  202  anti-fraud training to the designated anti-fraud investigative
  203  unit or contractor and shall provide an annual 1-hour refresher
  204  course that addresses detection, referrals, investigations, and
  205  reporting of suspected insurance fraud for the types of
  206  insurance lines written by the insurer. Additionally, the
  207  insurer shall require the designated anti-fraud investigative
  208  unit or contractor to complete one hour of training annually
  209  provided by the department.
  210         (9)(7) If an insurer fails to timely submit a final
  211  acceptable anti-fraud plan or anti-fraud investigative unit
  212  description, fails to implement the provisions of a plan or an
  213  anti-fraud investigative unit description, fails to submit the
  214  annual anti-fraud statistical report, or otherwise refuses to
  215  comply with the provisions of this section, the department,
  216  office, or commission may:
  217         (a) Impose an administrative fine of not more than $2,000
  218  per day for such failure by an insurer to submit an acceptable
  219  anti-fraud plan or anti-fraud investigative unit description, or
  220  the anti-fraud statistical report, until the department, office,
  221  or commission deems the insurer to be in compliance;
  222         (b) Impose an administrative fine for failure by an insurer
  223  to implement or follow the provisions of an anti-fraud plan or
  224  anti-fraud investigative unit description; or
  225         (c) Impose the provisions of both paragraphs (a) and (b).
  226         (10)(8) The department may adopt rules to administer this
  227  section.
  228         Section 3. Section 626.9896, Florida Statutes, is created
  229  to read:
  230         626.9896 Insurance Fraud Dedicated Prosecutor Program.—
  231         (1) LEGISLATIVE INTENT.—The State of Florida, recognizing
  232  the ever-increasing problem of insurance fraud, has elected to
  233  appropriate funds to the Department of Financial Services for
  234  the purpose of allocating funds dedicated to the investigation
  235  and prosecution of insurance fraud. The Legislature recognizes
  236  the need to create a program dedicated to the prosecution of
  237  insurance fraud and the establishment of a mechanism to properly
  238  fund, monitor, direct, and reallocate positions as insurance
  239  fraud trends change and demand for prosecutorial resources
  240  varies. The Legislature also recognizes the need for the
  241  Division of Investigative and Forensic Services to have
  242  authority to administer such a program, and recognizes that the
  243  division can efficiently and effectively manage and monitor the
  244  program and direct and reallocate positions, as insurance fraud
  245  trends change and demand for prosecutorial resources shift
  246  between judicial circuits.
  247         (2)ESTABLISHMENT OF PROGRAM.—There is created a grant
  248  program to fund the Insurance Fraud Dedicated Prosecutor
  249  Program. The Division of Investigative and Forensic Services
  250  shall accept and administer appropriated funds for the purpose
  251  of funding attorney and paralegal positions assigned to the
  252  prosecution of insurance fraud. These moneys must consist of any
  253  sums that the state may appropriate.
  254         (3) GRANT APPLICATIONS.—A state attorney’s office that
  255  desires a grant must submit to the department an application
  256  detailing the proposed number of dedicated prosecutors and staff
  257  to be funded solely for the prosecution of insurance fraud.
  258  Grants must be awarded to applicants whose prosecutorial needs
  259  are substantiated by the department’s internal metrics and data.
  260         (4) ELIGIBILITY.—The department shall award grants to state
  261  attorney’s offices according to need, as based upon the
  262  department’s internal metrics and data. The department may alter
  263  this allocation formula as necessary to achieve the most
  264  effective and efficient allocation of funds necessary to meet
  265  the purpose of the program. Each grant must be awarded to a
  266  state attorney’s office for the full annual salary, including
  267  benefits, for each attorney and paralegal whose duties are
  268  solely dedicated to the prosecution of insurance fraud.
  269         (5) GRANT LIMITS.—The maximum grant amount must be
  270  established by the department, pursuant to funds appropriated to
  271  the department for the purpose of funding the program, and may
  272  not exceed funding appropriated for the grant program. Grants
  273  must be for a period of 2 years, subject to renewal by the
  274  department, and are contingent upon annual appropriation by the
  275  Legislature. Grants are subject to s. 215.971.
  276         (6)PERFORMANCE.—The department shall track, monitor, and
  277  report on the effectiveness and efficiency of each state
  278  attorney’s office’s use of the awarded funds.
  279         (7)RESTRICTIONS.—Each state attorney’s office that is
  280  awarded a grant under this section must submit performance and
  281  output information as determined by the department. The
  282  department may rely upon any reporting metric it requires of
  283  grant recipients, including, but not limited to, the following:
  284         (a) Funds received and expended;
  285         (b) The purposes for which those funds were expended,
  286  including payment of salaries, expenses, and any other costs
  287  needed to support the delivery of services;
  288         (c) The prosecutorial results achieved from the
  289  expenditures made, including the number of investigations,
  290  arrests, complaints filed, and convictions.
  291         (8) RULES.—The department may adopt rules pursuant to ss.
  292  120.536(1) and 120.54 for the administration and implementation
  293  of the program. Such rules may establish procedures for the
  294  program in forms to be used by the state attorney’s office. The
  295  department may establish eligibility criteria, renewal
  296  requirements, and standards for evaluating the effectiveness and
  297  efficiency of expended funds.
  298         Section 4. Section 641.3915, Florida Statutes, is amended
  299  to read:
  300         641.3915 Health maintenance organization anti-fraud plans
  301  and investigative units.—Each authorized health maintenance
  302  organization and applicant for a certificate of authority shall
  303  comply with the provisions of ss. 626.989 and 626.9891 as though
  304  such organization or applicant were an authorized insurer. For
  305  purposes of this section, the reference to the year 1996 in s.
  306  626.9891 means the year 2000 and the reference to the year 1995
  307  means the year 1999.
  308         Section 5. This act shall take effect July 1, 2017.